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Chapter 8: Inspection of Goods

Chapter 8: Inspection of Goods. 商品检验. Inspection of Goods. Inspection of Goods (Commodity Inspection)

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Chapter 8: Inspection of Goods

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  1. Chapter 8: Inspection of Goods 商品检验 School of International Economics

  2. Inspection of Goods • Inspection of Goods (Commodity Inspection) • In international trade, inspection institutions must usu. examine the quality, quantity, packing, etc. of the goods delivered by the seller to make sure whether the goods are in conformity with the stipulations of the contract and L/C, • Or inspect safety and sanitation conditions (卫生条件), environmental and labour protection conditions as to the goods, or quarantine plants and animals (动植物检疫) in accordance with the relative laws and decrees of the country. School of International Economics

  3. Inspection of Goods • Time and Place of Inspection • Commodity Inspection Institution • Inspection Certificate • Inspection Clauses in Sales Contract School of International Economics

  4. Time and Place of Inspection • Buyers are entitled to have the right to inspect the goods before acceptance of the goods. • The realization of delivery of the goods will go through 3 steps: • Delivery • Inspection or examination • Acceptance or rejection School of International Economics

  5. Time and Place of Inspection • Once the buyer accepts the goods, he will lose the right to reject the goods. • But if the quality of the goods is found not in conformity with that of the contract, the buyer still has the right to ask for compensation for losses or to take other remedial measures (补救措施). School of International Economics

  6. Time and Place of Inspection • The buyer’s right to inspect the goods not only becomes an international practice, but also is protected by relative laws and international commercial conventions. • “The United Nations Convention on Contracts for the International Sale of Goods” 《联合国国际货物销售合同公约》 stipulates that the buyer shall make inspection by himself or by the appointed agencies within the shortest reasonable period. School of International Economics

  7. Time and Place of Inspection • Basically three ways to stipulate the time and place of inspection: • To make inspection before shipment, i.e., to make inspection in the export country. • To make inspection after the goods have been discharged, i.e., to make inspection in the import country. • To make inspection in the export country and make reinspection in the import country. School of International Economics

  8. three ways to stipulate the time and place of inspection: • To make inspection before shipment, i.e., to make inspection in the export country. • To make inspection at the factory • To make inspection at the port of shipment • To take shipping or shipped quality or weight as final 以“离岸品质和离岸数量”为准 School of International Economics

  9. three ways to stipulate the time and place of inspection: • To make inspection after the goods have been discharged, i.e., to make inspection in the import country. • To make inspection at the port of destination • To take landing or landed quality or weight as final 以“到岸品质和到岸数量”为准 • To make inspection at the user’s residence • Such as sealed packing goods, heavy machinery or precision instruments (精密仪器) School of International Economics

  10. three ways to stipulate the time and place of inspection: • To make inspection in the export country and make reinspection in the import country. “出口国检验，进口国复验” • The main advantage of this method is that • The inspection certificate provided by the seller is regarded as one of the effective documents to be presented for negotiation, • And gives the buyer the right to make reinspection as well. School of International Economics

  11. B: Commodity Inspection Institution • Some Famous Inspection Institution in International Trade Area: • 瑞士日内瓦通用鉴定公司（SGS) • 日本海外货物检验株式会社 （OMIC） • 美国保险人实验室（UL） • 英国劳合氏公证行（Lloyd‘s Surveyor） • 法国船级社（B.V） • 香港天祥公证化验行等。 School of International Economics

  12. B: Commodity Inspection Institution • The “Commodity Inspection Law” stipulates “商品检验法” • that the China Exit and Entry Inspection and Quarantine Bureau(CEEIQB)“中国出入境检验检疫局” （ “中华人民共和国商品检验局” ） is the competent authority (主管当局) which supervises the work of inspection of the whole nation. • It also stipulates that all export and import commodities should be inspected. School of International Economics

  13. B: Commodity Inspection Institution • The Main Duties of the Inspection Bureau: • Making legal inspection 法定检验 • Supervision and administration 监督管理 • Authentic attesting business 公证鉴定业务 School of International Economics

  14. C: Inspection Certificate商检证书 • The Inspection certificate is a written document issued by the commodity inspection institution, bearing witness to the result of inspection. School of International Economics

  15. C: Inspection Certificate商检证书 • Kinds of the Inspection Certificates • Inspection Certificate of Quality 品质检验证书 • Inspection Certificate of Weight 重量检验证书 • Inspection Certificate of Quantity 数量检验证书 • Veterinary Inspection Certificate 兽医检验证书 • Sanitary Inspection Certificate 卫生检验证书 • Inspection Certificate of Health 健康检验证书 School of International Economics

  16. C: Inspection Certificate商检证书 • Kinds of the Inspection Certificates • Disinfection Inspection Certificate 消毒检验证书 • Inspection Certificate on Damaged Cargo 残损检验证书 • Inspection Certificate on Tank/Hold 船舱检验证书 • Inspection Certificate of Origin 产地证明书 • Inspection Certificate of Value 价值证明书 School of International Economics

  17. D: Inspection Clauses in Sales Contract • Inspection Clauses in Sales Contract • Inspection clauses in export contract • Inspection clause in import contract School of International Economics

  18. D: Inspection Clauses in Sales Contract • Inspection Clauses in Export Contract • It is mutually agreed that the certificate of Quality and Weight issued by the China Exit and Entry Inspection and Quarantine Bureau (CEEIQB) at the port/place of shipment shall be part of the documents to be presented for negotiation. • The buyer shall have the right to reinspect the quality and weight of the cargo. School of International Economics

  19. D: Inspection Clauses in Sales Contract • Inspection Clauses in Import Contract • Before making delivery, the manufacturers shall make a inspection of the goods. • After arrival of the goods at the port/place of destination, the buyer shall have the right to reinspect the quality and weight of the cargo. • Within 20 days after discharge of the goods at the port/place of destination---rejection or claim School of International Economics

  20. D: Inspection Clauses in Sales Contract • Inspection Clauses in Import Contract • Within the guarantee period stipulated in clause • Any and all claims shall be regarded as accepted if the sellers fail to reply within 30 days after receipt of the buyer’s claim. School of International Economics

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